Best Antitrust Lawyers in Bangkok Noi

About Antitrust Law in Bangkok Noi, Thailand

Antitrust law in Thailand is designed to keep markets fair, open, and competitive. If you live or operate a business in Bangkok Noi, you are subject to the nationwide Trade Competition Act B.E. 2560, together with related notifications and guidelines issued by the Trade Competition Commission of Thailand. These rules prohibit collusion, abuse of dominance, and certain anti-competitive mergers. They also regulate some vertical arrangements such as exclusive dealing and resale price maintenance when those practices harm competition. The main enforcement body is the Office of Trade Competition Commission, which investigates cases, reviews mergers, and issues decisions that can be appealed to the courts.

Why You May Need a Lawyer

Antitrust issues often arise in everyday business decisions. You may need a lawyer if you are planning a merger or acquisition that could change market structure, negotiating distribution or franchise agreements, setting pricing or discounts across dealers, participating in trade associations with competitors, receiving contact from a competitor about coordinated conduct, facing a dawn raid or document request from authorities, responding to a competitor complaint, launching a platform or loyalty program that could raise exclusivity concerns, or operating with a significant market share that could trigger dominance rules. Legal counsel can also help foreign companies that sell into Thailand to assess whether conduct outside the country has effects within Thai markets and therefore falls under Thai law.

Local Laws Overview

The core statute is the Trade Competition Act B.E. 2560. It applies to business operators across Thailand, including Bangkok Noi, and may also apply to conduct outside Thailand if it produces effects in Thai markets. The Office of Trade Competition Commission enforces the Act and issues implementing notifications and guidelines. Antitrust enforcement in Thailand covers three main areas. First, agreements between competitors are prohibited when they fix prices, limit output, allocate markets or customers, or rig bids. These are considered serious restrictions. Second, agreements between non-competing businesses and vertical practices such as exclusive dealing, tying, and resale price maintenance are assessed for whether they unfairly reduce competition or exploit trading partners. Third, abuse of market dominance is prohibited. Market dominance is generally defined by notification using market share and turnover thresholds, for example a single firm with at least 50 percent market share and at least 1 billion baht in Thai turnover for the previous year, or the top three firms with at least 75 percent combined share and each with at least 1 billion baht in turnover, excluding firms with less than 10 percent share.

Merger control requires either pre-merger approval or post-merger notification. Pre-merger approval is required when a transaction may result in a monopoly or a dominant position under the applicable thresholds. Post-merger notification is required when the transaction may materially reduce competition but does not create dominance, typically where the parties have significant Thai turnover. Post-merger notification must be filed within seven days after closing. The Commission aims to decide pre-merger applications within 90 days, extendable by 15 days. Transactions can include share acquisitions, asset transfers, amalgamations, and certain joint ventures, depending on control and competitive effects.

Penalties can be substantial. The law provides for administrative fines that can be calculated as a percentage of Thai turnover, daily fines for non-compliance, and in some circumstances criminal penalties for serious violations such as bid rigging or obstruction of officials. The authority can conduct unannounced inspections, interview employees, and require documents. Decisions of the Commission can be appealed to the Administrative Court within the statutory deadlines. Some sectors have separate regulators with their own competition rules, such as telecommunications and energy. State-owned enterprises are not broadly exempt and must comply unless a specific legal exception applies. Proceedings are conducted in Thai, and filings generally require Thai language documents, certified translations, and local forms such as a power of attorney when a representative files on your behalf.

Frequently Asked Questions

What is the main antitrust law in Thailand and does it apply in Bangkok Noi

The Trade Competition Act B.E. 2560 and related notifications apply nationwide, including Bangkok Noi. The rules are enforced by the Office of Trade Competition Commission and cover businesses of all sizes and industries, unless a sector has a specific competition regime under another law.

Who enforces antitrust law and how can a case start

The Office of Trade Competition Commission investigates and decides cases, subject to appeal. Cases can start through complaints from competitors or consumers, ex officio investigations by the authority, or referrals from other public bodies. The authority can request information, conduct on-site inspections, and issue interim measures.

What conduct is clearly prohibited between competitors

Agreements among competitors that fix prices or discounts, limit production or supply, allocate customers or territories, or rig bids are prohibited. Even informal understandings or information exchanges can be risky if they lead to coordinated behavior.

How do I know if my company is dominant

Dominance is assessed by market share and Thai turnover under the Commission’s notification. As a general guide, a single firm with at least 50 percent market share and at least 1 billion baht in Thai turnover for the previous year may be dominant, and a group of up to three firms with at least 75 percent combined share may also be dominant, excluding small players under 10 percent share. A lawyer can help define the relevant market and measure shares accurately.

When does a merger need approval or notification

Pre-merger approval is required if the deal may create a monopoly or a dominant position. If the deal does not create dominance but may materially reduce competition and the parties have significant Thai turnover, a post-merger notification is required within seven days after closing. The exact thresholds and the characterization of control are technical and should be assessed early in the deal timeline.

What are the penalties for violations

Penalties include significant administrative fines that can be based on the value of sales in Thailand, daily fines for continued non-compliance, and potential criminal liability for certain serious offenses such as bid rigging or obstructing officials. The authority can also order cessation of unlawful conduct and remedies such as contract amendments or divestitures in merger cases.

Are exclusive distribution and resale price maintenance allowed

They are not automatically illegal, but they can violate the law if they unfairly restrict competition or exploit trading partners. Factors include market power, duration and scope of exclusivity, foreclosure of rivals, and effects on consumers. Minimum resale price maintenance is high risk, while recommended or maximum resale prices can still be problematic if they effectively fix prices.

Can I apply for leniency if I am involved in a cartel

The Commission has tools to encourage cooperation. While details can evolve through guidelines, early and full cooperation, cessation of the conduct, and provision of evidence can reduce penalties. Speak with counsel before contacting the authority to preserve eligibility and structure your approach.

What should I do if investigators arrive for a dawn raid

Remain calm, verify officials’ identification and warrant or written authority, contact your lawyer immediately, cooperate without obstructing, implement a document hold, and keep a record of what is reviewed or taken. Do not destroy documents, do not coach employees during questioning, and request copies of any materials removed.

How long does merger review take and what information is required

Pre-merger approval decisions generally target 90 days, extendable by 15 days. Information typically includes deal documents, business plans, market data, market share estimates, customer and competitor lists, and analyses of competitive effects. Post-merger notifications are shorter but still require accurate data and timely filing.

Additional Resources

Office of Trade Competition Commission for complaints, guidelines, and merger procedures. Trade Competition Commission of Thailand for decisions and policy. Ministry of Commerce, Department of Internal Trade for related market oversight. Central Administrative Court for appeals of Commission decisions. Comptroller General’s Department for public procurement guidance where bid rigging risks may arise. Lawyers Council of Thailand for locating licensed Thai counsel. Thailand Development Research Institute for policy studies and competition reports. Bangkok Metropolitan Administration business support services for local operational matters that intersect with regulatory compliance.

Next Steps

If you think you have an antitrust issue, start by documenting the facts, preserving all relevant emails, messages, and files, and issuing an internal hold to prevent deletion. Avoid discussing sensitive topics such as pricing or markets with competitors and pause any conduct that may raise concerns until it is reviewed. Speak with a Thai antitrust lawyer who can assess market definitions, dominance thresholds, and merger filing needs, and who can communicate with the authority on your behalf in Thai. Prepare a concise timeline, organization chart, revenue figures for Thailand, key contracts, and any materials related to strategy, pricing, and competitors. For deals, build merger control analysis into your transaction timeline, including pre-merger approval or post-merger notification if required. Implement or update a compliance program with training for sales, procurement, and executives, and set clear rules for trade association meetings and information exchanges. If you face a raid or information request, coordinate a response protocol, designate points of contact, and maintain respectful cooperation while protecting legal rights.